The executive director, the executive director's designee, or
an examiner shall determine whether the facts alleged in the complaint may
constitute an unfair labor practice within the meaning of the applicable
statute.
(1) If the facts alleged do
not, as a matter of law, constitute a violation, a deficiency notice
identifying the defects and specifying a due date for the filing and service of
an amended complaint will be issued and served on all parties. If the defects
are not cured within 21 days, an order dismissing the defective allegation(s)
and stating the reasons for that action must be issued and served on all
parties. Unless appealed to the commission under WAC
391-45-350, an order of dismissal
issued under this subsection is the final order of the agency on the defective
allegation(s) with the same force and effect as if issued by the
commission.
(2) If one or more
allegations state a cause of action for unfair labor practice proceedings
before the agency, a cause of action statement summarizing the allegation(s)
will be issued and served on all parties.
(a)
A cause of action statement forwarding a case for further proceedings is an
interim order that may only be appealed to the commission by a notice of appeal
filed after issuance of an examiner decision under WAC
391-45-310(2).
(b) The cause of action statement limits the
cause(s) of action before an examiner and the commission. A complainant who
claims that the cause of action statement failed to address one or more causes
of action the complainant sought to advance in the complaint may, before the
issuance of a notice of hearing, seek clarification from the person who issued
the cause of action statement.
(c)
The cause of action statement must establish the due date for the respondent to
file its answer.
(3) The
agency may defer the processing of allegations which state a cause of action
under subsection (2) of this section pending the outcome of related contractual
dispute resolution procedures, but the agency retains jurisdiction over those
allegations.
(a) Deferral to arbitration may
be ordered if:
(i) Employer conduct alleged to
constitute an unlawful unilateral change of employee wages, hours, or working
conditions is arguably protected or prohibited by a collective bargaining
agreement in effect between the parties at the time of the alleged unilateral
change;
(ii) The parties'
collective bargaining agreement provides for final and binding arbitration of
grievances concerning its interpretation or application; and
(iii) There are no procedural impediments to
a determination on the merits of the contractual issue through proceedings
under the contractual dispute resolution procedure.
(b) Processing of the unfair labor practice
allegations under this chapter must be resumed following issuance of an
arbitration award or resolution of the grievance, and the contract
interpretation made in the contractual proceedings is considered binding,
except if:
(i) The contractual procedures were
not conducted in a fair and orderly manner; or
(ii) The contractual procedures have reached
a result that is repugnant to the purposes and policies of the applicable
collective bargaining statute.
Notes
Wash. Admin. Code §
391-45-110
Amended by
WSR
22-23-101, Filed 11/16/2022, effective
1/1/2023
Statutory Authority:
RCW
28B.52.080,
41.56.090,
41.58.050,
41.59.110,
41.76.060,
41.80.080. 08-04-059, §
391-45-110, filed 1/31/08,
effective 4/1/08. Statutory Authority:
RCW
28B.52.080,
41.56.090,
41.59.110,
41.58.050,
28B.52.065,
28B.52.073,
34.05.419,
41.56.140,
41.56.150 and
41.59.140. 00-14-048, §
391-45-110, filed 6/30/00,
effective 8/1/00; 98-14-112, §
391-45-110, filed 7/1/98,
effective 8/1/98; 96-07-105, §
391-45-110, filed 3/20/96,
effective 4/20/96. Statutory Authority:
RCW
41.58.050,
28B.52.080,
41.56.090,
41.59.110,
28B.52.073,
41.56.140,
41.56.150,
41.59.140 and
53.18.015. 90-06-074, §
391-45-110, filed 3/7/90,
effective 4/7/90. Statutory Authority:
RCW
28B.52.080,
41.56.040,
41.58.050,
41.59.110 and 47.64.040. 80-14-048
(Order 80-7), §
391-45-110, filed 9/30/80,
effective 11/1/80.